Separated - Income Tax 2007

North Carolina Divorce Law Divorce and Separation Answers
1

Does the Separation Agreement include a deadline for him to provide this inforamation to you?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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2

I am separated since September 2007 and in the separation agreement we agreed to file a joint tax return for 2007. My not soon enough ex is very irresponsible and I have yet to recieve all of his tax documents so that I can complete our return. He doesn’t have internet access, so I’ve left voice messages and have retained documentation of faxes sent regarding the needed information.

I know married filing separately will increase my tax liability, however, I’m not interested in waiting until the last minute to file 2007 tax returns. What are the legal procedures I must follow in order to file tax returns differently from what was indicated in the separation agreement/property settlement? Also, I’ve paid the mortgage/interest since October, am I legally obligated to allocate a portion to him if we file separately?

Thank you in advance for your response.

Bt